66.28(3)
(3) Except as provided in
s. 968.20 (3), 1st class cities shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposition procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition shall be subject to
sub. (4).
66.28(4)
(4) A city, village, town or county may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under
s. 968.20.
66.285
66.285
Interest on late payments. 66.285(1)(a)
(a) "Agency" means any office, department, board, commission or other body under the control of the governing body of a local governmental unit which expends moneys or incurs obligations on behalf of the local governmental unit.
66.285(1)(b)
(b) "Good faith dispute" means any of the following:
66.285(1)(b)1.
1. A contention by an agency, principal contractor or subcontractor that goods delivered or services rendered were of a lesser quantity or quality than ordered or specified by contract, were faulty or were installed improperly.
66.285(1)(b)2.
2. Any other reason giving cause for the withholding of payment by an agency, principal contractor or subcontractor until the dispute is settled.
66.285(1)(c)
(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
66.285(2)
(2) Interest payable to principal contractors. 66.285(2)(a)(a) Except as provided in
sub. (4) or as otherwise specifically provided, an agency that does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with
s. 66.286, from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
66.285(2)(b)
(b) For the purposes of
par. (a), a payment is timely if the payment is mailed, delivered or transferred by the later of the following:
66.285(2)(b)1.
1. The date specified on a properly completed invoice for the amount specified in the order or contract.
66.285(2)(b)2.
2. Within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with
s. 66.286, within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.
66.285(3)
(3) Interest payable to subcontractors. 66.285(3)(a)(a) Except as provided in
sub. (4) (e) or as otherwise specifically provided, principal contractors that engage subcontractors to perform part of the work on an order or contract from an agency shall pay subcontractors for satisfactory work in a timely fashion. A payment is timely if it is mailed, delivered or transferred to the subcontractor no later than 7 days after the principal contractor's receipt of any payment from the agency.
66.285(3)(b)
(b) If a subcontractor is not paid in a timely fashion, the principal contractor shall pay interest on the balance due from the 8th day after the principal contractor's receipt of any payment from the agency, at the rate specified in
s. 71.82 (1) (a) compounded monthly.
66.285(3)(c)
(c) Subcontractors receiving payment under this subsection shall pay lower-tier subcontractors, and be liable for interest on late payments, in the same manner as principal contractors are required to pay subcontractors in
pars. (a) and
(b).
66.285(4)
(4) Exceptions. Subsection (2) does not apply to the following:
66.285(4)(a)
(a) Any portion of an order or contract for which the payment, from federal moneys, has not been received.
66.285(4)(b)
(b) An order or contract that is subject to late payment interest or another late payment charge required by another law or rule specifically authorized by law.
66.285(4)(c)
(c) An order or contract between 2 or more agencies of the same local governmental unit.
66.285(4)(d)
(d) An order or contract which provides for the time of payment and the consequences of nontimely payment, if any deviation from the deadlines established in
sub. (2) appears in the original bid or proposal.
66.285(4)(e)
(e) An order or contract under which the amount due is subject to a good faith dispute if, before the date on which payment is not timely, notice of the dispute is sent by 1st class mail, personally delivered or sent in accordance with the procedure specified in the order or contract.
66.285(5)
(5) Appropriation from which paid. An agency that pays interest under this section shall pay the interest only from the appropriation for administration of the program under which the order or contract was made or entered into, unless otherwise directed by the governing body of the local governmental unit.
66.285(6)
(6) Attorney fees. Notwithstanding
s. 814.04 (1), in an action to recover interest due under this section, the court shall award the prevailing party reasonable attorney fees.
66.285 History
History: 1989 a. 233.
66.286
66.286
Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason that it is improperly completed.
66.286 History
History: 1989 a. 233.
66.29
66.29
Public works, contracts, bids. 66.29(1)(a)(a) In this section, "person" means an individual, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.
66.29(1)(b)
(b) "Municipality" means the state and any town, city, village, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other public body charged with the duty of receiving bids for and awarding any public contracts.
66.29(1)(c)
(c) The term "public contract" shall mean and include any contract for the construction, execution, repair, remodeling, improvement of any public work, building, furnishing of supplies, material of any kind whatsoever, proposals for which are required to be advertised for by law.
66.29(1)(d)
(d) "Subcontractor" means a person whose relationship to the principal contractor is substantially the same as to a part of the work as the latter's relationship is to the proprietor. A "subcontractor" takes a distinct part of the work in such a way that the "subcontractor" does not contemplate doing merely personal service.
66.29(2)
(2) Bidder's proof of responsibility. Every municipality, board or public body upon all contracts subject to this section may, before delivering any form for bid proposals, plans and specifications pertaining thereto to any person, excepting materialmen, suppliers and others not intending to submit a direct bid, require such person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths, of financial ability, equipment, experience in the work prescribed in said public contract, and of such other matters as the municipality, board, public body or officer thereof may require for the protection and welfare of the public in the performance of any public contract; such statement shall be in writing on a standard form of a questionnaire as adopted for such use by the municipality, board or public body or officer thereof, to be furnished by such municipality, board, public body or officer thereof. Such statement shall be filed in the manner and place designated by the municipality, board, public body or such officer thereof. Such statements shall not be received less than 5 days prior to the time set for opening of bids. The contents of said statements shall be confidential and shall not be disclosed except upon the written order of such person furnishing the same, or for necessary use by the public body in qualifying such person, or in cases of action against, or by such person or municipality. The governing body of the municipality or such committee, board or employe as is charged with the duty of receiving bids and awarding contracts or to whom the governing body has delegated the power shall properly evaluate the sworn statements filed relative to financial ability, equipment and experience in the work prescribed and shall find the maker of such statement either qualified or unqualified. This subsection shall not apply to cities of the first class.
66.29(3)
(3) Proof of responsibility, condition precedent. No bid shall be received from any person who has not submitted the sworn statement as provided in
sub. (2), provided that any prospective bidder who has once qualified to the satisfaction of the municipality, board, public body or officer, and who wishes to become a bidder upon subsequent public contracts under the jurisdiction of the same, to whose satisfaction the prospective bidder has qualified under
sub. (2), need not separately qualify on each public contract unless required so to do by the said municipality, board, public body or officers.
66.29(4)
(4) Rejection of bids. Whenever the municipality, board, public body or officer is not satisfied with the sufficiency of the answer contained in the questionnaire and financial statement, it may reject said bid, or disregard the same.
66.29(5)
(5) Corrections of errors in bids. Whenever any person shall submit a bid or proposal for the performance of public work under any public contract to be let by the municipality, board, public body or officer thereof, who shall claim mistake, omission or error in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made, and in that case the bid shall be returned to the bidder unopened and the bidder shall not be entitled to bid upon the contract at hand unless the same is readvertised and relet upon the readvertisement. In case any bidder shall make an error or omission or mistake and shall discover the same after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality, board, public body or officers thereof, clear and satisfactory evidence of the mistake, omission or error and that the same was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans, specifications, and conforming with the provisions of this section, and in case of forfeiture, shall not be entitled to recover the moneys or certified check forfeited as liquidated damages unless it shall be proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.
66.29(6)
(6) Separation of contracts. On those public contracts calling for the construction, repair, remodeling or improvement of any public building or structure, other than highway structures and facilities, the municipality may bid projects based on a single or multiple division of the work. Contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workmen to be employed by any contractor, and to classify such contractors as to their financial responsibility, competency and ability to perform work and to set up a classified list of contractors pursuant thereto; and such municipality may also reject the bid of any person, if such person has not been classified pursuant to the said questionnaire for the kind or amount of work in said bid.
66.29(7)
(7) Bidder's certificate. On all contracts the bidder shall incorporate and make a part of the bidder's proposal for the doing of any work or labor or the furnishing of any material in or about any public work or contract of the municipality a sworn statement by the bidder, or if not an individual by one authorized, that the bidder or authorized person so swearing has examined and carefully prepared the proposal from the plans and specifications and has checked the same in detail before submitting the proposal or bid to the municipality, board, department or officer charged with the letting of bids and also at the same time as a part of the proposal, submit a list of the subcontractors the bidder proposes to contract with, and the class of work to be performed by each, provided that to qualify for inclusion in the bidder's list a subcontractor must first submit a bid in writing, to the general contractor at least 48 hours prior to the time of the bid closing, which list shall not be added to nor altered without the written consent of the municipality. A proposal of a bidder shall not be invalid if any subcontractor and the class of work to be performed by the subcontractor has been omitted from a proposal; such omission shall be considered as inadvertent, or that the bidder will perform the work personally.
66.29(8)
(8) Settlement of disputes; defaults. Whenever there is a dispute between the contractor or surety or the municipality as to the determination whether there is a compliance with the provisions of the contract as to the hours of labor, wages, residence, character, and classification of workmen employed by any contractor, the determination of the municipality shall be final, and in case of violation of said provisions, the municipality may declare the contract in default and request the surety to perform or relet upon advertisement the remaining portion of the contract.
66.29(9)
(9) Estimates and release of funds. 66.29(9)(a)(a)
Definition. In this subsection, "municipality" means the state, except the department of transportation, and any town, city, village, county, school district, technical college district, board of school directors, sewer district, drainage district, or any other public or quasi-public corporation, officer, board, or other public body.
66.29(9)(b)
(b)
Retained percentages. As the work progresses under any contract involving $1,000 or more for the construction, execution, repair, remodeling or improvement of any public work or building or for the furnishing of any supplies or materials, whether or not proposals for which are required to be advertised by law, the municipality, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle the contractor to receive the amount thereof, less the retainage, from the proper fund. On all such contracts, the retainage shall be an amount equal to 10% of said estimate until 50% of the work has been completed. At 50% completion, further partial payments shall be made in full to the contractor and no additional amounts may be retained unless the architect or engineer certifies that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the contractor. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. When the work has been substantially completed except for work which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the municipality are valid reasons for noncompletion, the municipality may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or in the alternative may pay out the entire amount retained and receive from the contractor guarantees in the form of a bond or other collateral sufficient to ensure completion of the job. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.
66.29 Annotation
Under (5), a bidder has no "right" to withdraw its bid or demand that it be amended. Under the terms of the proposal, the commission was entitled to retain the deposit upon plaintiff's failure to execute the contract within 10 days of the notice of award. Nelson Inc. v. Sewerage Comm. of Milw. 72 W (2d) 400, 241 NW (2d) 390.
66.29 Annotation
Acceptance of the bid is a precondition to forfeiture of the bidder's deposit under (5). Gaastra v. Village of Fairwater, 77 W (2d) 7, 252 NW (2d) 60.
66.29 Annotation
Where bid error was discovered after contract was let, dispute was governed by arbitration clause in contract, not by (5). Turtle Lake v. Orvedahl Const., 135 W (2d) 385, 400 NW (2d) 475 (Ct. App. 1986).
66.29 Annotation
Where a governmental entity determines that an apparent low bidder is entitled to relief from an erroneous bid under (5), the bidder should be allowed to correct his bid. 62 Atty. Gen. 144.
66.29 Annotation
Police cars need not be purchased by competitive bid since they are "equipment" and not "supplies [or] material." 66 Atty. Gen. 284.
66.29 AnnotationMunicipalities may require bidders to include list of subcontractors under (7).
76 Atty. Gen. 29.
66.293
66.293
Contractor's failure to comply with municipal wage scale. 66.293(1)(a)
(a) "Area" means the county in which a proposed project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under
sub. (3) (br), "area" means the city, village or town in which a proposed project that is subject to this section is located.
66.293(1)(b)
(b) "Department" means the department of industry, labor and job development.
66.293 Note
NOTE: 1995 Wis. Act 289, s.
275, authorizes the department of industry, labor and job development to use the name "department of workforce development" for any official purpose.
66.293(1)(d)
(d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing.
66.293(1)(g)
(g) "Prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area, or if there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, then the prevailing wage rate for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area shall be the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.
66.293(1)(h)
(h) "Secretary" means the secretary of industry, labor and job development.
66.293(3)
(3) Prevailing wage rates and hours of labor. 66.293(3)(am)(am) Every local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate and prevailing hours of labor for each trade or occupation required in the work contemplated. The department shall make such investigations and hold such public hearings as may be necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates and prevailing hours of labor in all areas of the state for those trades or occupations with a view to ascertaining the prevailing wage rate and prevailing hours of labor for each such trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the same with the local governmental unit applying therefor.
66.293(3)(ar)
(ar) The department shall, by January 1 of each year, compile the prevailing wage rates and the prevailing hours of labor for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates and prevailing hours of labor, include future prevailing wage rates and prevailing hours of labor when those prevailing wage rates and prevailing hours of labor can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates and prevailing hours of labor. If a construction project extends into more than one area there shall be but one standard of prevailing wage rates and prevailing hours of labor for the entire project.
66.293(3)(av)
(av) In determining prevailing wage rates under
par. (am) or
(ar), the department may not use data from projects that are subject to this section,
s. 103.49 or
103.50 or
40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section,
s. 103.49 or
103.50 or
40 USC 276a.
66.293(3)(bm)
(bm) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.
66.293(3)(br)
(br) In addition to the recalculation under
par. (bm), the local governmental unit that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the local governmental unit submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the city, village or town in which the proposed project is located. That evidence shall include wage rate and hours of labor information for the contested trade or occupation on at least 3 similar projects located in the city, village or town where the proposed project is located and on which some work has been performed within the previous 12 months and which were considered by the department in issuing its most recent compilation under
par. (ar). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.
66.293(3)(dm)
(dm) A reference to the prevailing wage rates and prevailing hours of labor determined by the department or a local governmental unit exempted under
sub. (6) shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project of public works, including a highway, street or bridge construction project, is entered into, the prevailing wage rates and prevailing hours of labor determined by the department or exempted local governmental unit shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. No person described in
sub. (4) may be paid less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection; nor may he or she be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined under this subsection, unless he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.
66.293(4)(a)(a) All of the following employes shall be paid the prevailing wage rate determined under
sub. (3) and may not be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined under
sub. (3), unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
66.293(4)(a)1.
1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject to this section, or employed to deliver mineral aggregate such as sand, gravel or stone that is immediately incorporated into the work, and not stockpiled or further transported by truck, to or from the site of a project that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle, or employed to transport excavated material or spoil from and return to the site of a project that is subject to this section.
66.293(4)(a)2.
2. All laborers, workers, mechanics and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or equipment on the site of a project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor, subcontractor, agent or other person performing any work on the site of the project.
66.293(4)(b)
(b) Notwithstanding
par. (a), a laborer, worker, mechanic or truck driver who is regularly employed in the processing, manufacturing or delivery of materials or products by or for a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under
sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under
sub. (3).
66.293(4)(c)
(c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.
66.293(5)
(5) Nonapplicability. This section does not apply to any single-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $30,000 or an amount determined by the department under this subsection or to any multiple-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $150,000 or an amount determined by the department under this subsection. The department shall adjust those dollar amounts every year, the first adjustment to be made not sooner than December 1, 1997. The adjustments shall be in proportion to any change in construction costs since the effective date of the dollar amounts established under this subsection.
66.293(6)
(6) Exemptions. The department, upon petition of any local governmental unit, shall issue an order exempting the local governmental unit from applying to the department for a determination under
sub. (3) when it is shown that an ordinance or other enactment of the local governmental unit sets forth standards, policy, procedure and practice resulting in standards as high or higher than those under this section.
66.293(8)
(8) Posting. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department or exempted local governmental unit and the provisions of
subs. (10) (a) and
(11) (a) shall be kept posted by the local governmental unit in at least one conspicuous and easily accessible place on the site of the project or, if there is no common site on the project, at the place normally used by the local governmental unit to post public notices.
66.293(9)(a)(a) When the department finds that a local governmental unit has not requested a determination under
sub. (3) (am) or that a local governmental unit, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under this section or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under
sub. (3) (dm), the department shall notify the local governmental unit, contractor or subcontractor of such noncompliance and shall file the determination with the local governmental unit, contractor or subcontractor within 30 days after such notice.
66.293(9)(b)
(b) Upon completion of a project and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until such an affidavit is filed in proper form and order.
66.293(9)(c)
(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under
par. (b) from each of the contractor's agents and subcontractors. A local governmental unit may not authorize a final payment until such an affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person specified in
sub. (4) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of that final payment.
